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Miller v. Friedman

108 N.Y.S. 1140 Court N.Y. App. Div. Decision date 1908-02-07 English

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p. 1140
MILLER v. FRIEDMAN et al.
(Supreme Court, Appellate Division, First Department.
February 7, 1908.)

Headnote

Appeal from Special Term. Action by Annie Miller against Samuel Friedman and others. From an order providing that answers may remain in lieu of demurrer, plaintiff appeals. Modified.
Julius Blumofe, for appellant. Isidor Cohn, for respondents.

Order should be modified by striking out the words, “and that the answer of said defendants heretofore served on plaintiff’s attorney remain in lieu and stead thereof,” with $10 costs and disbursements to appellant, and with leave to defendants to make such motion in the court below as they shall be advised.